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Mother unable to show error in terminating her parental rights

October 10, 2013

A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.

M.T.’s three older children were removed from her care after the Department of Child Services learned that E.T, a five-year-old, was sometimes being watched by a mentally challenged neighbor. E.T. was molested by a man while in the neighbor’s care. M.T. gave birth to her fourth child while the three oldest were in foster care. The baby was also removed from her care.

M.T. does not have the mental capacity to understand how to care for herself or her children, according to the court record. The children all have special needs that require specialized care that she cannot provide. M.T. also had sporadic visitation with her children and did not participate in offered services.

In In the Matter of the Termination of the Parent-Child Relationship of E.T., D.T., L.T., and Y.T., Minor Children: M.T., v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate, 45A03-1302-JT-49, the Court of Appeals held that M.T. did not demonstrate that the trial court clearly erred when it determined that continuation of the parent-child relationship with the children poses a threat to their well-being. She also didn’t show that termination is not in the best interest of the children or that the court erred when it determined that adoption is a satisfactory plan following the terminations.

 

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